if that were, in fact, true, that's a very serious accusation to say that the obama administration in the form of the department of homeland security would have shielded an incumbent democrat running for re-election against a well-funded republican challenger, that they would have seemedded him from this embarrassment in the weeks before the election would be a very serious charge, very serious, indeed. megyn: they come out and say that is categorically false. a homeland security spokesman says it is categorically false that we delayed the arrest of this guy, luis abraham sanchez zavaletta until after the election. so we have two diametrically opposed stories. one is on the record, one is off. where does that leave us? >> i don't want to end up in kelly's court today, but i think the term is -- there is at least circumstantial evidence in this case that says that the timing at least is tremendously favorable for the senator, for senator menendez. the timing of this couldn't have been better. so certainly the timing benefited him greatly. whether that was, whether there was malfeasance